United States v. William H. Thayer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that under plain-error review, “[w]hen a jury instruction is ambiguous and open to an unconstitutional interpretation, . . . we will reverse only if the ambiguity in the instruction is ‘sure’ to have had a prejudicial effect.”
• observing that although a sentencing court may\approach the Guidelines with a `tentative view' of the sentence appropriate to the case . . . [it] may also select a sentence based on its position within the range specified by the Guidelines\
• “[T]he president and majority owner of * * * [employers] was properly charged and convicted as a 'person’ under § 7202.”
• “[W]e do not foreclose the district courts' option to depart upward under U.S.S.G. § 5K2.0 in appropriate cases of bankruptcy fraud_”
• “[T]he president and majority owner of * * * [employers] was properly charged and convicted as a ‘person’ under § 7202.”
• “[W]e consider the totality of the instructions and not a particular sentence or paragraph in isolation.”

Source: CourtListener parenthetical corpus (CC0).